HomeMy WebLinkAbout08-106 CC Resolution
RESOLUTION NO. 08-106
A RESOLUTION OF THE CITY OF TEMECULA
DECLARING CERTAIN REAL PROPERTY INTERESTS
NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN
CONNECTION WITH THE PECHANGA PARKWAY
STORM DRAIN IMPROVEMENTS - ENVIRONMENTAL
MITIGATION (PROJECT NO. PW99-11 EM)
THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE,
AND ORDER AS FOLLOWS:
Section 1. The City of Temecula is a municipal corporation, in the County of
Riverside, State of California.
Section 2. The real property interests described in Section 3 of this Resolution
are to be taken for a public use, namely for conservation easement purposes and all
uses necessary or convenient thereto for the Pechanga Parkway Storm Drain
Improvements - Environmental Mitigation (Project No. PW99-11 EM) ("Project") to
mitigate storm drainage facilities constructed by the City as part of the previous
Pechanga Parkway Phase II Improvements Project (PW99-11). The City seeks to
' acquire the real property interests described in Section 3 for a public use pursuant to
the authority conferred upon the City of Temecula to acquire property by eminent
domain by Section 19 of Article 1 of the California Constitution, California Government
Code Sections 37350, 37350.5, 37351, 40401 and 40404, California Civil Code Section
815 et seq., and California Code of Civil Procedure Section 1230.010 et seq. (Eminent
Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.110,
1240.120, 1240.510, 1240.610, 1240.650 and other provisions of law. Pursuant to Civil
Code Section 815, the State Legislature has declared that the preservation of land in its
natural, scenic or open-space condition is among the most important environmental
assets of California.
Section 3. The City seeks to acquire the following real property interests from
the real property, which is a vacant lot located along the northern side of Temecula
Creek, including a portion of the floodway, east of Jedediah Smith Road in the City of
Temecula, California, identified as Riverside County Tax Assessor's Parcel Number
961-010-076 in connection with the Project:
• An approximate 74,251 square foot (1.70 acre) permanent conservation
easement, which is described on the portion of Exhibit "A" hereto labeled "Parcel
A Conservation Easement" and is depicted on Exhibit "B" hereto labeled
"Conservation Easement"• An approximate 25,007 (0.58 acre) square foot grading easement, which is
described on the portion of Exhibit "A" hereto labeled "Parcel B Grading
Easement" and is depicted on Exhibit "C" hereto labeled "Grading Easement";
and
11086\0158\1099931 v.1
' An approximate 22,648 (0.52 acre) square foot access/water line easement,
which is described on the portion of Exhibit "A" hereto labeled "Parcel C Access
and Water Line Easement" and is depicted on Exhibit "D" hereto labeled "Access
and Water Line Easement".
Exhibits "A", "B", "C" and "D" to this Resolution of Necessity are incorporated
herein by this reference. The Subject Property Interests are required for conservation
easement purposes for the Project to mitigate the impacts of the City's construction of
the Pechanga Parkway Phase II Improvements Project (Project No. PW99-11).
Section 4. The City seeks to acquire the Subject Property Interests for a public
purpose, namely for conservation easement purposes and all uses necessary or
convenient thereto for the Project to mitigate storm drainage facilities constructed as
part of the previous Pechanga Parkway Phase II Improvements Project as required by
the California Department of Fish and Game and the United States Army Corps of
Engineers. The Project would require an approximate 1.70-acre (74,251 square foot)
permanent conservation easement that would be used to create approximately 1.14
acres of riparian habitat and 0.56 acres of wetlands. As planned and designed, the City
would landscape the conservation easement area and provide irrigation to the area for a
period of approximately 5 1/2 years. Accordingly, the City would need to acquire an
approximate 22,648 square foot area of an existing dirt road as a permanent
access/water line easement to provide access to and irrigation to the conservation
easement area. The City would also need an approximate 25,007 square foot grading
easement to connect the conservation easement area and the access/water line
easement area. As part of the Project, the City would landscape and irrigate the
conservation easement and grading easement areas for a period of 5 1/2 years. The
City expects that the conservation easement area would be self-sufficient after 5 1/2
years. At that time, the City would offer to re-convey the permanent grading and
access/water line easement back to the property owner if the owner wished to retain
these areas.
The City was required to provide 1.7-acres of replacement mitigation for
temporary and permanent impacts to riparian and wetland habitat located within the
Wolf Valley Creek Channel resulting from the Pechanga Parkway Phase II
Improvements. The City's construction of the various components comprising the
Pechanga Parkway Phase II Improvements was for a public purpose, namely for public
street and drainage purposes and all uses necessary or convenient thereto to alleviate
traffic congestion and improve traffic circulation and drainage in the area of the
improvements. The Pechanga Parkway Phase II Improvements widened and improved
Pechanga Parkway from Temecula Parkway (formerly State Route 79 South) to Via
Gilberto into a six-lane urban arterial highway to its full-width of 134 feet. It also
improved and widened Pechanga Parkway from Via Gilberto to Pechanga Road into a
four-lane arterial highway with a right-of-way width of 110 feet. In addition, the
Pechanga Parkway Phase II Improvements constructed curbs, gutters, pavement
' delineation and signage, islands, sidewalks, landscaping, irrigation, streetlights,
driveway approaches, traffic signal interconnect system, retaining wall improvements,
and storm drain improvements. Further, the Pechanga Parkway Phase II Improvements
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also included improvements to Wolf Valley Creek Channel. The storm drain
' improvements in connection with Wolf Valley Creek Channel included the under-
grounding of a portion of the concrete lined Wolf Valley Creek Channel from Loma
Linda Road to approximately 900 linear feet downstream of Muirfield Drive
(approximately 1,900 total linear feet). Later improvements included the reconstruction
of a portion of the existing rip rap/concrete-lined trapezoidal Wolf Valley Creek Channel
from approximately 900 linear feet north of Muirfield Road downstream to the Temecula
Creek confluence (approximately 1,100 total linear feet).
The Pechanga Parkway Phase II Improvements resulted in permanent impacts to
0.10-acre and temporary impacts to 0.26-acre to wetland waters of the United States,
regulated by the United States Army Corps of Engineers and the Regional Water
Quality Control Board. It also resulted in permanent impacts to an approximate 0.85-
acre of riparian habitat regulated b the California Department of Fish and Game
contained within a 960 linear foot portion of the Wolf Valley Creek Channel. The City
was required to mitigate the impacts of the Pechanga Parkway Phase II Improvements
by creating a 1.7-acre permanent conservation easement area, which comprises a
portion of the Subject Property Interests the City seeks to acquire from the larger parcel.
The Project would be constructed pursuant to the requirements of the United States
Army Corps of Engineers in Nationwide Permit NW43 No. 200500150-SMJ, the
California Regional Water Quality Control Board in Water Quality Certification and
Waiver of Waste Discharge Requirements for Discharge of Dredge and/or Fill Materials
' No. 04C-107, and the California Department of Fish and Game in Agreement Regarding
Proposed Stream or Lake Alteration (Notification No. 6-2003-069).
The mitigation comprising the Project would take place within the 1.7-acre
permanent conservation easement area. The mitigation includes an approximate 1.14
acres of riparian habitat and 0.56 acres of wetlands. The mitigation would be completed
consistent with the Habitat Mitigation and Monitoring Plan for the Pechanga Parkway
Storm Drain Improvements Project dated September 23, 2008 and prepared by Michael
Brandman Associates, which is incorporated herein by this reference. The purpose of
the mitigation is to compensate for the loss of wetland and riparian habitat associated
with the Wolf Valley Creek Channel improvement portion of the Pechanga Parkway
Phase II Improvements. The Project would enhance the overall functions and values of
the subject portion of Temecula Creek watershed that currently provides limited
biological and hydrological function to this area of the City. The Project would require
site preparation and amendments to the topography of the land to provide the area with
adequate hydrology and would include a restoration effort consisting of a combination of
seeding and planting to encourage establishment of riparian and wetland habitat.
Further, the Project is in the public interest and necessity because it would
further Goal 3 of the Open Space and Conservation Element of the City's General Plan,
which seeks the conservation of important biological habitats and protection of plan an
animal species of concern, wildlife movement corridors and general biodiversity.
' Moreover, the State Legislature has declared pursuant to Civil Code Section 815 that
the preservation of land in its natural, scenic or open-space condition is among the most
important environmental assets of California.
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' Section 5. The City seeks to acquire the Subject Property Interests for
conservation easement purposes and all uses necessary or convenient thereto to
mitigate storm drainage facilities and other improvements constructed as part of the
Pechanga Parkway Phase II Improvements, which mitigation was required by the
California Department of Fish and Game and the United States Army Corps of
Engineers. Accordingly, the environmental effects of the Project were studied and
analyzed pursuant to the California Environmental Quality Act ("CEQA"), Public
Resources Code Section 21000 et seq., the CEQA Guidelines, 14 Cal. Code Regs. §
15000 et seq. ("CEQA Guidelines") and the National Environmental Policy Act ("NEPA")
in connection with the Wolf Creek Specific Plan EIR, certified by the City Council on
February 13, 2001, several initial studies pursuant to the requirements of CEQA and the
CEQA Guidelines and a Categorical Exclusion ("CE") pursuant to NEPA prepared for
the Pechanga Parkway Phase II Improvements (Project No. PW99-11). The
acquisitions of the Subject Property Interests were studied as an integral part of the
Initial Studies, Negative Declarations, EIRs and the CE prepared in connection with the
Pechanga Parkway Phase II Improvements. The City is the lead agency for approval
under CEQA and FHWA is the lead agency for approval under NEPA in connection with
the Pechanga Parkway Phase II Improvements.
On April 11, 2006 the City prepared a Notice of Determination for the Pechanga
Parkway Phase II Improvements, which was duly filed on April 20, 2006 with the County
Clerk and Recorder's Office in accordance with CEQA. The Notice of Determination
' noted that the City approved the Pechanga Parkway Phase II Improvements on March
14, 2006. The City made the following determinations in approving the Pechanga
Parkway Phase II Improvements:
(a) The Pechanga Parkway Phase II Improvements will not have a significant
effect on the environment.
(b) A Negative Declaration was previously prepared and adopted for the
Pechanga Parkway Phase II Improvements pursuant to CEQA. The following
environmental determinations have been made in the past which have
evaluated the Pechanga Parkway Phase II Improvements, or interim
improvements to Pechanga Parkway:
■ Wolf Creek Specific Plan EIR, certified by the City of Temecula City
Council on February 13, 2001.
■ City of Temecula Comprehensive General Plan Update EIR, certified
by the Temecula City Council on April 12, 2005.
■ EA 71, a Notice of Exemption adopted by the City of Temecula on
August 11, 2000 for interim road widening on Pechanga Parkway.
■ EA 74, a Negative Declaration adopted by the City of Temecula on
October 4, 2000 for the widening of a portion of Pechanga Parkway to
four lanes.
' • EA89 a Negative Declaration adopted by the City Council on January
8, 2002 for interim widening improvements and the construction of a
sound wall along the west side of Pechanga Parkway.
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' (c) Mitigation measures were not made a condition of the approval of the
Pechanga Parkway Phase II Improvements.
(d) A Statement of Overriding Consideration was not adopted for the Pechanga
Parkway Phase II Improvements.
(e) Findings were made pursuant to the provisions of CEQA.
Concurrently, with the Notice of Determination, the City prepared on April 11,
2006 a Certificate of Fee Exemption (De Minimus Impact Finding) for the Pechanga
Parkway Phase II Improvements. Pursuant to the Certificate of Fee Exemption, the City
made the following findings of exemption:
(a) The Pechanga Parkway Phase II Improvements consists of the completion of
widening improvements to Pechanga Parkway to its ultimate configuration as
defined in the City of Temecula General Plan Circulation Element.
(b) Several Initial Studies were previously prepared that evaluated the potential
for adverse environmental impacts associated that could result from the
Pechanga Parkway Phase II Improvements.
(c) These previous Initial Studies and prior Negative Declarations and
' Environmental Impact Reports indicated that no impacts would occur to fish
and wildlife resources as a result of the Pechanga Parkway Phase II
Improvements and the City of Temecula recommended that a Notice of
Determination be prepared for this project exempting the Pechanga Parkway
Phase 11 Improvements from further environmental review pursuant to Section
15161 of the CEQA Guidelines. The City found that Section 15161 applied
here because a previous Environmental Impact Report or Negative
Declaration has been prepared and it can be determined that the impacts of
the Pechanga Parkway Phase II Improvements have been fully disclosed and
analyzed by the previous environmental determinations. (No wildlife related
mitigation measures were required for the Pechanga Parkway Phase II
Improvements).
(d) The City of Temecula previously adopted a Negative Declaration or has
evaluated the environmental impacts of widening Pechanga Parkway in an
EIR for earlier related Projects. The following environmental determinations
have been made in the past that have evaluated the Pechanga Parkway
Phase II Improvements or interim improvements to Pechanga Parkway:
■ Wolf Creek Specific Plan EIR, certified by the City of Temecula City
Council on February 13, 2001.
City of Temecula Comprehensive General Plan Update EIR, certified
' by the Temecula City Council on April 12, 2005.
■ EA 71, a Notice of Exemption adopted by the City of Temecula on
August 11, 2000 for interim road widening on Pechanga Parkway.
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■ EA 74, a Negative Declaration adopted by the City of Temecula on
' October 4, 2000 for the widening of a portion of Pechanga Parkway to
four lanes.
■ EA89 a Negative Declaration adopted by the City Council on January
8, 2002 for interim widening improvements and the construction of a
sound wall along the west side of Pechanga Parkway.
(e) The City of Temecula believes that the ultimate improvements to Pechanga
Parkway were addressed in the previous environmental determinations made
for the Pechanga Parkway Phase II Improvements and that there will be no
impacts resulting from said Project that have not been addressed and
analyzed in these previous reports.
In accordance with the requirements of NEPA, Caltrans and FHWA approved a
Categorical Exclusion ("CE") for the Pechanga Parkway Phase II Improvements. The
Caltrans Environmental Chief Officer and the Caltrans Project Manager/DLA Engineer
approved the CE on March 29, 2007 and on April 3, 2007, respectively. FHWA
approved the CE on April 19, 2007. In approving the CE, Caltrans determined that a
CE was proper because the Pechanga Parkway Phase II Improvements would not
individually or cumulatively have a significant environmental effect and that said Project
was excluded from the requirements to prepare an Environmental Assessment (EA) or
Environmental Impact Statement (EIS). The CE, Caltrans' findings in the CE, and the
' stipulations and/or directions set forth in the Continuation Sheet of the CE are
incorporated herein by this reference.
The proposed acquisitions of the Subject Property Interests were studied as an
integral part of the environmental documents discussed above. The Project is a
mitigation requirement for the City's construction of the Pechanga Parkway Phase II
Improvements. The above environmental findings are the appropriate findings for the
proposed acquisitions of the Subject Property Interests.
In connection with the proposed Resolutions of Necessity, City staff on
November 12, 2008, reviewed all of the environmental documentation prepared in
connection with the Pechanga Parkway Phase II Improvements, including the Wolf
Creek Specific Plan EIR, certified by the City of Temecula City Council on February 13,
2001; the City of Temecula Comprehensive General Plan Update EIR, certified by the
Temecula City Council on April 12, 2005; EA 71, a Notice of Exemption adopted by the
City of Temecula on August 11, 2000 for interim road widening on Pechanga Parkway;
EA 74, a Negative Declaration adopted by the City of Temecula on October 4, 2000 for
the widening of a portion of Pechanga Parkway to four lanes; EA 89, a Negative
Declaration adopted by the City Council on January 8, 2002 for interim widening
improvements and the construction of a sound wall along the west side of Pechanga
Parkway, the Traffic Studies prepared in connection with said EIRs, the Noise Study
Report for Pechanga Parkway Phase II Street Improvements revised March 12, 2007
' and all other technical studies prepared in connection with said documents, the Notice
of Determination (EA-126) filed with the County Clerk on April 20, 2006, the CE (PLHL-
54591014) dated April 19, 2007 by FHWA and its Continuation Sheet approved by
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Caltrans and FHWA pursuant to NEPA, and the Agenda Reports prepared in
connection with these environmental documents. Pursuant to the criteria of Section
15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City
staff concluded that no substantial changes have occurred in the Project that the City
has obtained no new information of substantial importance that would require further
environmental analysis. These environmental findings are the appropriate findings with
respect to the proposed acquisitions of the Subject Property Interests.
Section 6. Pursuant to Government Code Section 7267.2, the City obtained a
fair market value appraisal of the Subject Property Interests, set just compensation in
accordance with the fair market value and extended a written offer on June 4, 2008 to
the record owner. The City's offer letter also offered to pay to the property owner the
reasonable costs, up to $5,000.00 (Five Thousand Dollars) for an independent appraisal
of the Subject Property Interests pursuant to Code of Civil Procedure Section 1263.025.
Section 7. The City provided notice to the record owner pursuant to Code of
Civil Procedure Section 1245.235 of its decision to consider the adoption of a
Resolution of Necessity for the acquisition by eminent domain of the Subject Property
Interests.
Section 8. Based on the evidence presented at the hearing regarding the
Project, including the Agenda Report and documents referenced therein, the City
' Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interests described in Exhibit "A" and depicted on
Exhibits "B", "C" and "D" hereto are necessary for the Project; and
D. The City has made the offer required by Government Code Section
7267.2 to the owner of record of the Subject Property Interests it seeks to
acquire.
Section 9. The findings and declarations contained in this Resolution are
based upon the record before the City Council, including the Agenda Report and all
documents referenced therein, all of which are incorporated herein by this reference,
and any testimony and/or comments submitted to the City by the record owner and or
its representative(s). These documents include, but are not limited to, the City's
General Plan, its Circulation Element, the plans for the Pechanga Parkway Phase II
Improvements, the environmental documents referenced above and in the Agenda
Report, including the Notice of Determination and Categorical Exclusion approved by
the Federal Highway Administration and the California Department of Transportation
' pursuant to NEPA, the Habitat Mitigation and Monitoring Plan for the Pechanga
Parkway Storm Drain Improvements Project dated September 23, 2008 and prepared
by Michael Brandman Associates, the offer letter sent to the property owner pursuant to
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Code of Civil Procedure Section 7267.2, the notice to the record owner pursuant to
' Code of Civil Procedure Section 1245.235 of the City's intent to consider the adoption of
the Resolution of Necessity.
Section 10. The City Council of the City of Temecula hereby authorizes and
directs the City Attorney's office to take all steps necessary to commence and prosecute
legal proceedings in a court of competent jurisdiction to acquire by eminent domain the
real property interests described in Exhibit "A" and depicted on Exhibits "B", "C" and "D"
attached hereto and to take all steps necessary to deposit with the Court the amount of
probable compensation required by law for the issuance of an Order for Prejudgment
Possession.
Section 11. The City Council of the City of Temecula hereby authorizes the City
Manager to execute all necessary documents in connection with the eminent domain
proceeding.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of November, 2008.
Micha S. Naggar, Mayor
ATTEST:
Susan W ones, MMC
City Cler
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 08-106 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of November, 2008, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Roberts,
Washington, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
Susan . Jones, MMC
City Clerk
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EXHIBIT "A"
LEGAL DESCRIPTION
PECHANGA PARKWAY STORM DRAIN IMPROVEMENTS
ENVIRONMENTAL MITIGATION EASEMENTS
THAT PORTION OF THE REMAINDER PARCEL OF PARCEL MAP NO. 30180 AS SHOWN BY A MAP
ON FILE IN BOOK 208, PAGES 56 THROUGH 61 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL "A"
CONSERVATION EASEMENT
BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL 'B' OF THE "WETLAND CREATION
AREA' AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED NOVEMBER 14,
2001 AS INSTRUMENT NO, 561440 OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO
BEING ON THE NORTHERLY LINE OF THE 'WILDLIFE CONSERVATION EASEMENT' AS
DESCRIBED IN INSTRUMENT NO. 366277, RECORED OCTOBER 8, 1997 OFFICIAL RECORDS OF
SAID COUNTY;
THENCE NORTH 60'30'00' WEST, 63.17 FEET (NORTH 60'31'05' WEST, 63.17 AS RECORDED IN
SAID INSTRUMENT NO. 561440) ALONG THE NORTHERLY LINE OF SAID PARCEL 'B', "WETLAND
CREATION AREA' TO THE BEGINNING OF.A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A
RADIUS OF 190.00 FEET;
' THENCE WESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF PARCEL -B',
'WETLAND CREATION AREA' THROUGH A CENTRAL ANGLE OF 33'12'50', AN ARC LENGTH OF
110.14 FEET;
THENCE SOUTH 86'1710' WEST, 131.69 FEET ALONG SAID NORTHERLY LINE OF PARCEL'B',
'WETLAND CREATION AREA' TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 190.00 FEET;
THENCE WESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF PARCEL'S',
'WETLAND CREATION AREA' THROUGH A CENTRAL ANGLE OF 30'10'07', AN ARC LENGTH OF
100.04 FEET;
THENCE NORTH 63'3243' WEST, 23.37 FEET ALONG SAID NORTHERLY LINE.OF PARCEL '13',
"WETLAND CREATION AREA' TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHERLY, HAVING A RADIUS OF 500.00 FEET;
THENCE WESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF PARCEL 'B',
'WETLAND CREATION AREA' THROUGH A CENTRAL ANGLE OF 25'59'49', AN ARC LENGTH OF
226.87 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF PARCEL'B','WETLAND CREATION AREA' SOUTH
86'54'37' EAST, 548.70 FEET;
THENCE SOUTH 82'38'40' EAST, 224.77 FEET;
THENCE SOUTH 89'34'27' EAST, 489.39 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
"WILDLIFE CONSERVATION EASEMENT';
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THENCE SOUTH 55'52'16' WEST, 64.65 FEET ALONG THE NORTHERLY LINE OF SAID "WILDLIFE
' CONSERVATION EASEMENT";
THENCE SOUTH 72'53'44' WEST, 201.78 FEET ALONG THE NORTHERLY LINE OF SAID -WILDLIFE
CONSERVATION EASEMENT%
THENCE NORTH 85'45'31' WEST, 386.01 FEET ALONG THE NORTHERLY LINE OF SAID "WILDLIFE
CONSERVATION EASEMENT- TO THE POINT OF BEGINNING.
CONTAINING 74,251 SQUARE FEET OR 1.70 ACRES MORE OR LESS.
THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT'B" AND THEREBY BEING
MADE A PART HEREOF.
PARCEL"B"
GRADING EASEMENT
COMMENCING AT THE MOST EASTERLY CORNER OF PARCEL'B' OF THE'WETLAND CREATION
AREA' AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED NOVEMBER 14,
2001 AS INSTRUMENT NO.561440 OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO
BEING ON THE NORTHERLY LINE OF THE 'WILDLIFE CONSERVATION EASEMENT' AS
DESCRIBED IN INSTRUMENT NO. 366277, RECORED OCTOBER 8,1997 OFFICIAL RECORDS OF
SAID COUNTY;
THENCE SOUTH 85'45'31' EAST, 386.01 FEET ALONG THE NORTHERLY LINE OF SAID "WILDLIFE
' CONSERVATION' EASEMENT';
THENCE NORTH 72'5344' EAST, 61.78 FEET ALONG THE NORTHERLY LINE OF SAID 'WI LDLIFE
CONSERVATION EASEMENT' TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 72'53'44' EAST, 140.00 FEET ALONG THE NORTHERLY LINE OF SAID -WILDLIFE
CONSERVATION EASEMENT";
THENCE LEAVING THE NORTHERLY LINE OF SAID 'WILDLIFE CONSERVATION EASEMENT'
SOUTH 48'4142' EAST, 287.02 FEET;
THENCE SOUTH 76'24'18" WEST, 65.00 FEET;
THENCE NORTH 58'3248' WEST, 327.64 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 25,007 SQUARE FEET OR 0.57 ACRE MORE OR LESS.
THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT 'C' AND THEREBY BEING
MADE A PART HEREOF.
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PARCEL "C"
ACCESS AND WATER LINE EASEMENT
A STRIP OF LAND 20 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT OX OF PARCEL MAP NO. 29M AS
SHOWN BY MAP ON FILE IN BOOK 199, PAGES 78 THROUGH 80 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY;
THENCE NORTH 16'36'44' WEST, 10.23 FEET ALONG THE WESTERLY LINE OF SAID LOT "A' TO
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 61'16'24" WEST, 90.52 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 90.00 FEET; .
THENCE WESTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 86744'18', AN ARC LENGTH OF 136.25 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH SAID
POINT BEARS NORTH 58'00'42" EAST;
THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 93'58'32', AN ARC LENGTH OF 82.01 FEET;
THENCE SOUTH 54'02'10' WEST, 55.07 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET;
' THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'28'54', AN
ARC LENGTH OF 43.57 FEET;
THENCE SOUTH 41'33'15' WEST, 77.05 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 100.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38'38'27', AN
ARC LENGTH OF 67.44 FEET;
THENCE SOUTH 80'11'42' WEST, 121.08 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 100.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39'1621", AN
ARC LENGTH OF 68.54 FEET TO. THE BEGINNING OF A REVERSE CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 100.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 49'04'40" EAST;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54'02'36", AN ARC
LENGTH OF 94.32 FEET;
THENCE NORTH 85'02'04° WEST, 31.87 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHERLY, HAVING A RADIUS OF 200.00 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09'08'48", AN ARC
LENGTH OF 31.93 FEET;
THENCE SOUTH 85'49'08' WEST, 232.74 FEET TO A POINT ON THE NORTHEASTERLY LINE OF
PARCEL -B", 'GRADING EASEMENT' AS DESCRIBED ABOVE.
Page 3 of 7
Created on MW0072:10 PM
BY. R.C.O.
CICD BY: B. Fox
F:W701200\Legals%SD MITIGATION ESMTS.da
THE SIDELINES OF SAID 20 FOOT EASEMENT SHALL BE PROLONGED OR SHORTENED AS TO
' BEGIN AT THE WESTERLY LINE OF SAID LOT 'A' AND TO TERMINATE ON THE NORTHEASTERLY
LINE OF SAID PARCEL *B*.
CONTAINING 22,648 SQUARE FEET OR 0.52 ACRES MORE OR LESS.
THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT 'Do AND THEREBY BEING
MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION: E
KEVIN B. COZAD NO.26159 m
REGISTERED CIVIL ENGINEER NO. 26159 * 1
EXPIRES: 3-31-2008 alR~Fpp p-
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Page 4 of 7
Created on 6212007 2:10 PM
- BY: R.C.O.
CICD BY., B. Fox
F:W701200%Legats\,SD MITIGATION ESMTS.da
EXHIBIT "B"
CONSERVATION EASEMENT
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(951) 694-6411 SURVEYORS. / GPS
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OWNER: TEL (951) 652-4454 • FAX (951 755-9942
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A CAUFORNIA PARTNERSHIP sr'reOICV` P
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ACCESS AND WATER LINE EASEMENT
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CITY OF TEMECULA
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TEMECULA. CA 92590 ULUMAL CONSULTANTS / PLANNERS
(951) 694-6411 Z suwmRS / CPS
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A CALIFORNIA PARTNERSHIP SCALE: 1"=200'